This court allowed an application for release of deposited award amount. The appeal filed by the appellant-insurance company was withdrawn, thereby maintaining the original award in favor of the respondents, necessitating the amount's release.
Registry directed to release deposited award amount with interest in respondents' accounts.
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Reliance General Insurance v. Fullan Devi
CMP No. 1594 of 2023 In FAO No.257 of 2015
1.3.2023
Present
Mr. Jagdish Thakur, Advocate, for the appellant.
Mr. Jai Ram Sharma, Advocate, for respondents Nos. 1 and 2/applicants.
CMP No. 1594 of 2022
By way of instant application, prayer has been made on behalf of respondent Nos. 1 and 2 for release of the award amount lying deposited in this Court. No reply is intended to be filed on behalf of the by the non-applicant/a. Learned counsel for the non-applicant fairly states that since FAO No. 257 of 2015 having been filed by nonapplicant/appellant was dismissed as withdrawn on the request of appellant-insurance company, prayer made in the instant application for release of amount can be allowed.
Having carefully perused the order dated 9.11.2022, passed by this court, this court finds that the appeal having been filed by non-applicant/appellant was withdrawn and as such, award laid challenge to by way of said appeal stands maintained, as a result of which amount awarded vide said award in favour of applicants deserves to be released in their favour.
Consequently, in view of above, present application is allowed. Registry is directed to release the award amount lying depisted with it, in favour of respondents Nos. 1 and 2, strictly as per their share, alongwith upto date interest and remit the same in their savings bank accounts, detailed in para-2 of the application, subject to verification by the Accounts Branch. Application stands disposed of.
(Sandeep Sharma) Judge
March 1, 2023 (vikrant)
1 issue framed by the court
Whether the deposited award amount should be released to the respondents given the withdrawal of the appeal.
Reliance General Insurance
Fullan Devi
Sandeep Sharma
As recorded by the court registry
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